Category: Georgia Court of Appeals Opinions

207 S.E.2d 237 MAYO v. THE STATE. TIDWELL v. THE STATE. 49272, 49273.Court of Appeals of Georgia.ARGUED MAY 9, 1974. DECIDED MAY 17, 1974. WEBB, Judge. Defendant Mayo, who is charged with possessing a plastic bag of marijuana, and defendant Tidwell, who is charged with possessing marijuana cigarettes, appeal with certificates of immediate review from […]

299 S.E.2d 138 MOORE v. THE STATE. 64794.Court of Appeals of Georgia. DECIDED JANUARY 6, 1983. SHULMAN, Chief Judge. This appeal is from the trial court’s revocation of appellant’s probation arising from a three-year sentence for forgery. The revocation petition charged that appellant’s probation should be revoked because he committed the offense of burglary during […]

95 S.E.2d 383 RESERVE LIFE INSURANCE COMPANY v. LOYD. 36239.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1956. REHEARING DENIED OCTOBER 11, 1956. CARLISLE, J. 1. By the terms of section 26 of the act of 1955 (Ga. L. 1955, pp. 2552, 2565), it is provided that in all cases tried in the Civil Court […]

445 S.E.2d 328 GRAY v. THE STATE. A94A1149.Court of Appeals of Georgia. DECIDED JUNE 8, 1994. BLACKBURN, Judge. This is the second appeal of the armed robbery conviction of the appellant, Godfrey Gray. In Gray v. State, A93A2331, decided March 16, 1994, but not officially reported, we dismissed Gray’s initial appeal as moot following the […]

150 S.E.2d 464 MATTHEWS et al. v. STATE HIGHWAY DEPARTMENT. 42060.Court of Appeals of Georgia.ARGUED JUNE 9, 1966. DECIDED JUNE 28, 1966. REHEARING DENIED JULY 22, 1966. The judgment appealed from is not erroneous for any reasons enumerated. ARGUED JUNE 9, 1966 — DECIDED JUNE 28, 1966 — REHEARING DENIED JULY 22, 1966. Condemnation of […]

232 S.E.2d 359 STRANGE v. THE STATE. 53046.Court of Appeals of Georgia.SUBMITTED NOVEMBER 2, 1976. DECIDED JANUARY 10, 1977. SMITH, Judge. The appellant was indicted and charged with the offenses of theft by taking and aggravated assault. He was convicted of both offenses and appeals to this court enumerating error as to his identification upon […]

399 S.E.2d 488 ADVANCE SECURITY, INC. v. SUPERIOR SURGICAL MANUFACTURING COMPANY, INC. A90A0991.Court of Appeals of Georgia. DECIDED OCTOBER 19, 1990. REHEARING DENIED NOVEMBER 29, 1990. COOPER, Judge. Appellee, a company in the business of selling uniforms, entered into a business relationship with appellant, a security guard firm. The agreement reached by the parties is […]

48 S.E.2d 570 NELSON v. THE STATE. 32037.Court of Appeals of Georgia. DECIDED JUNE 1, 1948. The venue of the first prosecution for the offense of abandonment of minor children is in the county where the state of the dependency of the children upon others began on account of the parent’s failure to support them, […]

692 S.E.2d 667 FRIER v. FRIER; and vice versa. Nos. A09A1876, A09A1877.Court of Appeals of Georgia. February 25, 2010. RECONSIDERATION DENIED MARCH 23, 2010. DOYLE, Judge. This Court granted interlocutory appeals in Case Nos. A09A1876 and A09A1877, wherein Rebecca Futch Frier (“Futch”) and Russ Frier, as executor of Futch’s ex-husband’s estate, each appeal the denial […]

112 S.E.2d 286 HAGGARD v. SHAW et al. 37989.Court of Appeals of Georgia. DECIDED NOVEMBER 18, 1959. REHEARING DENIED DECEMBER 3, 1959. 1. A letter to the plaintiff’s employer referring to an “indebtedness” of the plaintiff to another, and stating that “every possible means to collect this account” had been unavailing, and that the account […]

668 S.E.2d 888 NEUGENT v. THE STATE. No. A08A1130.Court of Appeals of Georgia. DECIDED OCTOBER 29, 2008. BERNES, Judge. A Chatham County jury found Jeffrey Neugent guilty of possession of cocaine with intent to distribute, and the trial court denied his motion for new trial. On appeal, Neugent argues that there was Page 285 insufficient […]

245 S.E.2d 885 DANIEL DANIEL, INC. v. COSMOPOLITAN COMPANY et al. 55674, 55675.Court of Appeals of Georgia.ARGUED APRIL 10, 1978. DECIDED JUNE 12, 1978. BELL, Chief Judge. Plaintiff brought these two contract actions to recover for labor and materials furnished to defendant Cosmopolitan’s construction projects. Plaintiff had filed its claims of lien against the real […]

137 S.E.2d 391 TRAVELERS INSURANCE COMPANY et al. v. WILLIAMS. 40555.Court of Appeals of Georgia. DECIDED MAY 13, 1964. BELL, Presiding Judge. The claimant in this appeal is the widow of an employee who by agreement of the employer and the insurer was awarded weekly compensation payments under the Workmen’s Compensation Act. Thereafter the widow […]

172 S.E.2d 864 OGDEN v. CARTER. 44769.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 9, 1969. DECIDED FEBRUARY 4, 1970. JORDAN, Presiding Judge. This is a personal injury action by a guest in an automobile, Mrs. Elitha Carter, against her daughter, Mrs. Mary Carter Ogden, for injuries resulting from a collision of the vehicle with another at […]

346 S.E.2d 361 WRIGHT v. THE STATE. 72100.Court of Appeals of Georgia. DECIDED MAY 19, 1986. REHEARING DENIED JUNE 9, 1986. DEEN, Presiding Judge. The appellant, Carla T. Wright, was convicted of theft by conversion, for which she was sentenced to six years’ probation and 400 hours of community service, and ordered to pay $7,867.79 […]

274 S.E.2d 653 DOWNSIDE RISK, INC. v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY. 60417.Court of Appeals of Georgia.ARGUED SEPTEMBER 3, 1980. DECIDED OCTOBER 24, 1980. McMURRAY, Presiding Judge. Several years ago the City of Atlanta established by ordinance an area known as the Underground Atlanta Historic District or Park. The purpose was to renovate older buildings […]

90 S.E.2d 42 McGINTY v. INTERSTATE LAND IMPROVEMENT CO., INC. 35883.Court of Appeals of Georgia. DECIDED SEPTEMBER 29, 1955. REHEARING DENIED OCTOBER 13, 1955. 1. The trial court correctly charged in this processioning case that when acquiescence and possession have continued for a 7 year period a perfect title by adverse possession is acquired. The […]

234 S.E.2d 816 SMITH v. THE STATE. 53562.Court of Appeals of Georgia.ARGUED MARCH 7, 1977. DECIDED APRIL 13, 1977. BANKE, Judge. The defendant appeals from his conviction of first degree forgery. The defendant forged documents to resemble payroll checks. He then provided two teenaged boys with the forged checks and faked identification in order that […]

353 S.E.2d 60 MALONE v. THE STATE. 73173.Court of Appeals of Georgia. DECIDED JANUARY 21, 1987. McMURRAY, Presiding Judge. Defendant appeals his conviction of the offense of criminal attempt (to commit burglary). Held: 1. Defendant’s first enumeration of error raises the issue of the sufficiency of the evidence. The State’s evidence shows that: The victim’s […]

86 S.E.2d 804 THE GREYHOUND CORPORATION v. STOKES et al. BALES v. STOKES et al. 35613, 35614.Court of Appeals of Georgia. DECIDED MARCH 17, 1955. 1. Where a bus depot is left open, although it is after the regular hours of transaction business, one who enters the waiting room to await the arrival of a […]

354 S.E.2d 184 WILLIAMS v. THE STATE. 74172.Court of Appeals of Georgia. DECIDED FEBRUARY 12, 1987. REHEARING DENIED MARCH 2, 1987. DEEN, Presiding Judge. The appellant, Charles Mitchell Williams, was convicted of criminal trespass, stemming from his stepping on a small picket fence on the property of the Feminist Women’s Health Center, an abortion clinic. […]

229 S.E.2d 136 AMERICAN SANITATION SERVICES, INC. v. EDM OF TEXAS, INC. et al. 52604.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 21, 1976. DECIDED SEPTEMBER 28, 1976. STOLZ, Judge. The appellant, American Sanitation, sued the appellee, EDM of Texas, for damages in tort and in contract caused by defective garbage collection vehicles manufactured by the appellee. […]

566 S.E.2d 36 GRIFFIN et al. v. CARSON et al. A02A0313.Court of Appeals of Georgia. DECIDED: MAY 15, 2002 MILLER, Judge. This action for medical malpractice was filed more than two years after the injury giving rise to the action and thus fell outside the applicable statute of limitation found in OCGA § 9-3-71 (a). […]

313 S.E.2d 719 ROLLAND v. THE STATE. 67480.Court of Appeals of Georgia. DECIDED JANUARY 4, 1984. POPE, Judge. Johnny Lewis Rolland was convicted of armed robbery and sentenced to life imprisonment. His appointed attorney has filed a motion to withdraw as counsel pursuant to Anders v. California, Page 446 386 U.S. 738 (87 SC 1396, […]

192 S.E.2d 714 ANCHOR SIGN COMPANY OF GEORGIA, INC. v. LABARGE PIPE STEEL COMPANY. 47348.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1972. DECIDED SEPTEMBER 22, 1972. EBERHARDT, Presiding Judge. 1. “No questions are raised as to portions of the charge where there is no reference in the enumerations or in the brief as to portions […]

63 S.E.2d 217 McCLAIN v. THE STATE. 33393.Court of Appeals of Georgia. DECIDED JANUARY 25, 1951. GARDNER, J. The defendant was accused of assault with intent to rape, and was convicted of assault and battery. The indictment alleged that the defendant “did unlawfully beat the said female . . with intent . . to have […]

48 S.E.2d 773 DAVIS v. FULTON NATIONAL BANK. 31991.Court of Appeals of Georgia. DECIDED JUNE 25, 1948. REHEARING DENIED JULY 13, 1948. 1. It is not harmful error requiring the grant of a new trial for the court erroneously to admit evidence when similar evidence, introduced for the same purpose, is admitted without objection. 2. […]

102 S.E.2d 83 CHAMBLESS v. OATES PLUMBING HEATING COMPANY, INC. 36955.Court of Appeals of Georgia. DECIDED JANUARY 31, 1958. Since the plaintiff in error’s motion to arrest or set aside the judgment of the court did not contain any valid grounds for such relief and since it is not shown that the trial court abused […]

44 S.E.2d 924 ROBERSON v. THE STATE. 31707.Court of Appeals of Georgia. DECIDED OCTOBER 30, 1947. 1. The venue was sufficiently proved. 2. Special ground 3 shows reversible error, for the reasons given in the opinion. 3. Special ground 4 shows no reversible error, for the reasons given in the opinion. 4. The other grounds […]

252 S.E.2d 189 SANDERS v. FULTON NATIONAL BANK. 56994.Court of Appeals of Georgia.ARGUED JANUARY 3, 1979. DECIDED JANUARY 11, 1979. WEBB, Judge. Fulton National Bank was granted summary judgment in its action on a note endorsed by Connelly Sanders, Jr. Sanders in his appeal charges error, contending that there was a material question of fact […]

550 S.E.2d 677 WILKINSON v. HOUSEHOLD FINANCE CORP, III A01A1516; A01A1517.Court of Appeals of Georgia. DECIDED: JUNE 18, 2001 PHIPPS, Judge. Household Finance Corporation, III, filed a complaint for declaratory judgment against Cheryl Jessup and Tyrone Wilkinson. Household sought a declaration that property levied on by Jessup and sold Page 132 at a marshal’s sale […]

398 S.E.2d 311 BULLMAN v. TENNECO OIL COMPANY et al. A90A1265.Court of Appeals of Georgia. DECIDED OCTOBER 29, 1990. SOGNIER, Judge. Patricia Brady Bullman and her husband, Douglas Lynn Bullman, brought suit against Tenneco Oil Company and its employee Joel Edward Smith (collectively “Tenneco”), Barbara Templin, Rebecca Page 409 Stewart, and Southern College and its […]

206 S.E.2d 603 UNIGARD MUTUAL INSURANCE COMPANY v. CARROLL (three cases). 48947, 48948, 48949.Court of Appeals of Georgia.SUBMITTED JANUARY 8, 1974. DECIDED APRIL 30, 1974. QUILLIAN, Judge. In each of these cases on September 20, 1973 the trial judge overruled appellant’s motion to dismiss based on lack of jurisdiction. On that same day a certificate […]

206 S.E.2d 140 WILEY v. THE STATE. 49154.Court of Appeals of Georgia.ARGUED MARCH 4, 1974. DECIDED MARCH 15, 1974. REHEARING DENIED MARCH 29, 1974. QUILLIAN, Judge. The appellant entered a plea of guilty to theft by taking and was sentenced under the first offender statute to serve three years on probation. Subsequent to that time, […]

12 S.E.2d 474 SCOTTISH UNION AND NATIONAL INSURANCE COMPANY v. PEOPLES CREDIT CLOTHING COMPANY. 28488.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1940. REHEARING DENIED DECEMBER 19, 1940. BROYLES, C. J. 1. It is error to grant a nonsuit unless the plaintiff fails to make out a prima facie case, or unless it appears that […]

33 S.E.2d 736 TENNESSEE, ALABAMA GEORGIA RAILWAY COMPANY v. WATTS. 30826.Court of Appeals of Georgia. DECIDED APRIL 16, 1945. 1. The verdict was authorized by the evidence. 2. Failure to give the written request to charge, as alleged in special ground 1 of the motion for new trial, was not error. 3. No harmful error […]

88 S.E.2d 174 GAMMAGE v. THE STATE. 35716.Court of Appeals of Georgia. DECIDED JUNE 15, 1955. CARLISLE, J. The defendant was convicted of larceny after trust under an indictment charging that, “after having been entrusted by another, to wit, James D. Green, with $55.81 in money of the value of $55.81, for the purpose of […]

479 S.E.2d 414 WOODS v. THE STATE. A96A1678.Court of Appeals of Georgia. DECIDED NOVEMBER 27, 1996 — RECONSIDERATION DENIED DECEMBER 17, 1996 — CERT. APPLIED FOR. BLACKBURN, Judge. Albert J. Woods appeals his conviction for possession of cocaine with intent to distribute, asserting that the trial court erred in deciding numerous issues including permitting a […]

208 S.E.2d 634 BLALOCK v. STAVER. 49595.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 5, 1974. DECIDED SEPTEMBER 20, 1974. EBERHARDT, Presiding Judge. In this action for personal injury arising from a rearend Page 629 collision (defendant’s vehicle striking plaintiff’s from rear), the jury returned a verdict for the defendant. Appealing from the judgment entered thereon, plaintiff […]

702 S.E.2d 788 TANNER v. THE STATE. No. A10A2247.Court of Appeals of Georgia. DECIDED OCTOBER 27, 2010. ANDREWS, Presiding Judge. On appeal from his conviction for one count of aggravated child molestation, three counts of child molestation, and one count of sexual battery, Ricky Tanner argues that his sentence of 100 years with thirty to […]

710 S.E.2d 183 GEORGIA SOCIETY OF AMBULATORY SURGERY CENTERS v. GEORGIA DEPARTMENT OF COMMUNITY HEALTH et al. No. A10A2167.Court of Appeals of Georgia. DECIDED MARCH 30, 2011. BARNES, Presiding Judge. This case arises out of a complaint for a declaratory judgment and injunctive relief filed by the Georgia Society of Ambulatory Surgical Centers (“GSASC”) against […]

470 S.E.2d 711 WELLS et al. v. LANDMARK AMERICAN CORPORATION. A95A2179.Court of Appeals of Georgia. DECIDED MARCH 14, 1996 — RECONSIDERATION DENIED MARCH 29, 1996 — CERT. APPLIED FOR. RUFFIN, Judge. Geri Wells sued Landmark American Corporation (“Landmark”) for the wrongful death of her 11-year-old son, Christopher, who drowned in floodwaters flowing from a creek […]

168 S.E.2d 212 FETT DEVELOPING COMPANY v. GARVIN. 44281.Court of Appeals of Georgia.ARGUED FEBRUARY 4, 1969. DECIDED APRIL 7, 1969. REHEARING DENIED APRIL 24, 1969. BELL, Presiding Judge. 1. In this suit on a note plaintiff, as first indorsee, obtained a judgment against the indorsing payee. Defendant filed a motion for new trial on general […]

26 S.E.2d 142 DORSEY v. THE STATE. 30047.Court of Appeals of Georgia. DECIDED JUNE 2, 1943. BROYLES, C. J. The defendant was convicted of the offense of involuntary manslaughter. The evidence authorized the verdict, and the court did not err in overruling the motion for new trial embracing the usual general grounds only. Judgment affirmed. […]

234 S.E.2d 708 BORDERS v. WRIGHT. 53492.Court of Appeals of Georgia.SUBMITTED FEBRUARY 1, 1977. DECIDED APRIL 8, 1977. SMITH, Judge. This is an appeal from a verdict and judgment rendered in an action brought against the appellant, Betty B. Sinclair Borders, by “A. P. Wright, Individually, and d/b/a Wright’s Farm.” The action was one seeking […]

294 S.E.2d 632 DOBBS v. NATIONAL BANK OF GEORGIA. 64310.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1982. QUILLIAN, Chief Judge. This is an appeal from the grant of summary judgment for plaintiff in an action to recover on a note. Appellant, Massey and Washburn, were joint signers of a note to appellee. Upon default […]

495 S.E.2d 146 DARBY v. THE STATE. A97A2571.Court of Appeals of Georgia. DECIDED DECEMBER 18, 1997 — CERT. APPLIED FOR. BLACKBURN, Judge. Pursuant to a voluntary plea agreement regarding his conviction for theft by taking, Jerry Lee Darby was required to pay child support directly to his ex-wife, Gilda Lavendar Darby, as a special condition […]

54 S.E.2d 336 McJENKIN INSURANCE REALTY COMPANY v. THOMPSON. 32482.Court of Appeals of Georgia. DECIDED JUNE 22, 1949. 1. The charge complained of in the first special ground of the motion for new trial placed the burden upon the defendant of a defense which it had not assumed, and was confusing and misleading to the […]

507 S.E.2d 765 WILLIAMSON v. THE STATE. A98A1156.Court of Appeals of Georgia. DECIDED AUGUST 21, 1998 — RECONSIDERATION DENIED OCTOBER 7, 1998. McMURRAY, Presiding Judge. Defendant Williamson appeals his conviction of four counts of child molestation. Held: 1. Defendant maintains that his convictions should be reversed because of the ineffectiveness of trial counsel. “In order […]

360 S.E.2d 15 ROSENTHAL v. HUDSON. 74214.Court of Appeals of Georgia. DECIDED JULY 1, 1987. REHEARING DENIED JULY 15, 1987. BENHAM, Judge. Appellant and appellee were embroiled in a neighborhood dispute for several years. The dispute arose when appellant established a business in his house on the street through which traffic flowed to and from […]

416 S.E.2d 572 SARTIN v. THE STATE. A91A2024.Court of Appeals of Georgia. DECIDED MARCH 10, 1992. POPE, Judge. Defendant was convicted by a jury of one count of possession of cocaine and one count of possession of cocaine with intent to distribute. He appeals his convictions and the denial of his motion for new trial. […]

238 S.E.2d 240 HERRING v. HERRING. 54107.Court of Appeals of Georgia.ARGUED JULY 11, 1977. DECIDED SEPTEMBER 6, 1977. REHEARING DENIED SEPTEMBER 22, 1977. BANKE, Judge. This is a garnishment proceeding brought by the appellee to collect $1,226.67 in unpaid child support which the appellant allegedly owes her under a 1966 divorce decree. The garnishee was […]

494 S.E.2d 538 LOMBARD CORPORATION v. COLLINS et al. A97A0150.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1997 — RECONSIDERATION DENIED DECEMBER 4, 1997 — CERT. APPLIED FOR. BIRDSONG, Presiding Judge. This is an appeal from the superior court’s order granting appellees/defendants motion to dismiss and dismissing appellant/plaintiff’s motion for summary judgment on the pleadings. […]

294 S.E.2d 656 THOMAS v. THE STATE. 64512.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1982. DEEN, Presiding Judge. Jessie Thomas was indicted and convicted of attempted armed robbery by pulling a knife on the owner of a neighborhood store and demanding money. He fled without consummating the robbery. 1. Jessie Thomas had a twin […]

642 S.E.2d 156 DUNN et al. v. VENTURE BUILDING GROUP, INC. No. A06A1809.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 2007. ANDREWS, Presiding Judge. Following a jury trial resulting in a verdict in favor of Venture Building Group, Inc. (Venture), sisters Annie Bell Dunn, Bessie M. Smith, and Tempy C. Walker appeal, contending that the […]

264 S.E.2d 702 SENTRY INDEMNITY COMPANY v. BRADY et al. 59022.Court of Appeals of Georgia.ARGUED NOVEMBER 20, 1979. DECIDED JANUARY 24, 1980. BIRDSONG, Judge. Denial of summary judgment. Appellant Sentry Indemnity Co. issued a policy of insurance to Brady, insuring Brady’s automobile and its several drivers in his household. In the application Brady furnished information […]

177 S.E.2d 167 PITMAN v. DIXIE ORNAMENTAL IRON COMPANY. 45326.Court of Appeals of Georgia.ARGUED MAY 5, 1970. DECIDED SEPTEMBER 8, 1970. PANNELL, Judge. Dixie Ornamental Iron Company brought an action against Ike W. Pitman seeking recovery for $1,265.82 as an alleged balance due on an account. The account showed five charges, one of which was […]

225 S.E.2d 59 EMBRY v. DAWSON. 51661.Court of Appeals of Georgia.SUBMITTED JANUARY 13, 1976. DECIDED JANUARY 19, 1976. REHEARING DENIED FEBRUARY 25, 1976. BELL, Chief Judge. In this suit for personal injury and property damage, the defendant’s motion for summary judgment was granted based only on the pleadings. The pleadings show that plaintiff alleged that […]

552 S.E.2d 465 THE STATE v. BUTE. A01A0269.Court of Appeals of Georgia. DECIDED: JULY 9, 2001. BLACKBURN, Chief Judge. Following the trial court’s grant of Victor Albert Bute’s motion to suppress marijuana found in his automobile, the State appeals, contending that the arresting officer properly stopped Bute’s truck to investigate a violation of O.C.G.A. § […]

534 S.E.2d 889 IN RE: M.D. et al., CHILDREN. A00A1367.Court of Appeals of Georgia. DECIDED: MAY 23, 2000. ELDRIDGE, Judge. Lisa Davis appeals from the denial of her motion for new trial, which followed the October 1999 termination of her parental rights to one daughter and the determination that another daughter was deprived. Finding no […]

112 S.E.2d 160 AMERICAN CASUALTY COMPANY et al. v. HERRON. 37952.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1959. REHEARING DENIED NOVEMBER 12, 1959. TOWNSEND, Judge. 1. In ascertaining the physical condition of a claimant in a workmen’s compensation case, the director has a right to consider the physical appearance of the claimant at the […]

422 S.E.2d 329 WILLIAMSON v. ECHOLS. A92A0874.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1992. BEASLEY, Judge. Williamson appeals a judgment entered on a jury verdict in favor Page 454 of Echols, executor of the estate of James E. Glover. While in declining health approximately five months prior to his death at age 80, Mr. […]

446 S.E.2d 796 DEPARTMENT OF HUMAN RESOURCES v. POSS et al. A92A0794.Court of Appeals of Georgia. DECIDED MAY 19, 1994. RECONSIDERATION DISMISSED JUNE 14, 1994. BEASLEY, Presiding Judge. In Poss v. Dept. of Human Resources, 206 Ga. App. 890, 895 (426 S.E.2d 635) (1992), we held in Division 1 that the court did not err […]

381 S.E.2d 534 PONDER v. THE STATE. A89A0326.Court of Appeals of Georgia. DECIDED APRIL 3, 1989. REHEARING DENIED APRIL 17, 1989. DEEN, Presiding Judge. The appellant, Frankie Ponder, was convicted of two counts of selling cocaine in violation of the Georgia Controlled Substances Act. On appeal, Ponder’s sole contention is that the trial court erred […]

549 S.E.2d 526 UPSHAW v. THE STATE A01A0572.Court of Appeals of Georgia. DECIDED: MAY 29, 2001 ELLINGTON, Judge. A DeKalb County jury convicted Solomon Upshaw of numerous charges arising from a home invasion. These charges included two counts of rape, O.C.G.A. § 16-6-1; two counts of kidnapping with bodily injury, O.C.G.A. § 16-5-40 (b); one […]

156 S.E.2d 208 CRANKSHAW v. PIEDMONT DRIVING CLUB, INC. 42810.Court of Appeals of Georgia.ARGUED MAY 4, 1967. DECIDED MAY 17, 1967. REHEARING DENIED JUNE 6, 1967. The trial court correctly sustained a general demurrer to the petition where the defendant’s negligence was not the proximate cause of the plaintiff’s injury. ARGUED MAY 4, 1967 — […]

29 S.E.2d 184 PARKER v. FORD. 30364.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 1944. REHEARING DENIED MARCH 2, 1944. 1. The court erred in charging the jury as set out in ground 4 of the motion for a new trial. 2. The other grounds of the motion are not passed on. DECIDED FEBRUARY 19, […]

543 S.E.2d 95 HENDERSON v. THE STATE. A00A1993.Court of Appeals of Georgia. DECIDED: NOVEMBER 28, 2000. RUFFIN, Judge. A jury found David Lee Henderson guilty of aggravated assault for stabbing Orlando Woodard. On appeal, Henderson contends that the trial court erred in permitting the State to cross examine defense witnesses about prior convictions, failing either […]

8 S.E.2d 663 SMITH v. THE STATE. 28221.Court of Appeals of Georgia. DECIDED APRIL 9, 1940. The court did not err in overruling the motion for new trial. DECIDED APRIL 9, 1940. Larceny; from Gwinnett superior court — Judge Pratt. November 25, 1939. Page 495 W. L. Nix, D. B. Phillips, for plaintiff in error. […]

688 S.E.2d 409 CRAWFORD v. THE STATE. No. A09A2197.Court of Appeals of Georgia. DECIDED DECEMBER 15, 2009. BLACKBURN, Presiding Judge. Following a jury trial, Jason Crawford was convicted on a single count each of criminal attempt to commit armed robbery, [1] aggravated assault, [2] and possession of a firearm during the commission of a crime.[3] […]

109 S.E.2d 816 HOSPITAL AUTHORITY OF THE CITY OF MARIETTA v. MISFELDT. 37685.Court of Appeals of Georgia. DECIDED MAY 28, 1959. REHEARING DENIED JUNE 11, 1959. FELTON, Chief Judge. 1. A hospital authority created under Chapter 99-15 of the Georgia Code is subject to a suit for damages for personal injuries to one of its […]

6 S.E.2d 598 BANK OF RINGGOLD et al. v. WEST PUBLISHING COMPANY. 27771.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1939. REHEARING DENIED DECEMBER 18, 1939. For no reason assigned is the judgment complained of in this case error. DECIDED NOVEMBER 13, 1939. REHEARING DENIED DECEMBER 18, 1939. Money rule; from Catoosa superior court — […]

680 S.E.2d 501 LOCKRIDGE et al. v. SMITH et al.; and vice versa. Nos. A09A0511, A09A0592.Court of Appeals of Georgia. DECIDED JUNE 17, 2009. ANDREWS, Presiding Judge. These appeals arise from a complaint filed in the Superior Court of Walton County seeking various relief with respect to deeds by which D. B. Smith[1] conveyed interests […]

260 S.E.2d 350 MOORE v. THE STATE. 58660.Court of Appeals of Georgia. DECIDED AUGUST 2, 1979. REHEARING DENIED SEPTEMBER 20, 1979. SMITH, Judge. This is an appeal from a denial of an appeal bond. The trial court entered an appropriate order using the test enumerated i Birge v. State, 238 Ga. 88 (230 S.E.2d 895) […]

30 S.E.2d 651 WEST v. NOTTINGHAM. 30537.Court of Appeals of Georgia. DECIDED JUNE 7, 1944. 1. The execution of a contract by a party for the sale of personality, ostensibly as a joint purchaser, may be shown by parol to have been for the purpose of signing as surety only. The court erred in excluding […]

660 S.E.2d 392 WATERS et al. v. ELLZEY; and vice versa. Nos. A07A1920, A07A2155.Court of Appeals of Georgia. DECIDED MARCH 21, 2008. RECONSIDERATION DENIED APRIL 2, 2008. BLACKBURN, Presiding Judge. In these consolidated appeals concerning access rights to a boating dock, Robert Ellzey in Case No. A07A2155 appeals that portion of the trial court’s judgment […]

327 S.E.2d 756 BLOODWORTH v. THE STATE. 69432.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1985. REHEARING DENIED MARCH 7, 1985. SOGNIER, Judge. Appellant was convicted of child molestation and appeals. 1. In appellant’s first two enumerations of error he contends it was error to admit testimony of three witnesses as to independent crimes of […]

401 S.E.2d 621 ROBINSON v. THE STATE. A90A2143.Court of Appeals of Georgia. DECIDED JANUARY 31, 1991. SOGNIER, Chief Judge. Charles D. Robinson was convicted on three counts of theft by deception arising out of certain business investments made by Henry Falconer and Willard Williams in a corporation controlled by Robinson. He appeals, contending the evidence […]

308 S.E.2d 637 DAN GURNEY INDUSTRIES, INC. v. SOUTHEASTERN WHEELS, INC. 66246.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1983. SOGNIER, Judge. Dan Gurney Industries, Inc. (Gurney Industries) sued Southeastern Wheels, Inc. (Southeastern) on open account for Page 505 $14,555.10. In its amended answer, Southeastern denied any indebtedness and asserted a claim for credit and […]

441 S.E.2d 874 HOLT v. GRINNELL et al. A94A0420.Court of Appeals of Georgia. DECIDED MARCH 2, 1994. RECONSIDERATION DENIED MARCH 22, 1994. ANDREWS, Judge. Grinnell sued Holt for injuries sustained when his automobile collided with an automobile driven by Holt. We granted Holt’s application for an interlocutory appeal from the trial court’s denial of his […]

387 S.E.2d 10 THE STATE v. McCRARY. A89A1120.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1989. McMURRAY, Presiding Judge. This case came before this Court upon an appeal from the Superior Court of Bibb County, Georgia, and upon a record formally certified and transmitted by the Clerk of that court. Appellee was found guilty, by […]

448 S.E.2d 477 YOUNG v. THE STATE. A94A1410.Court of Appeals of Georgia. DECIDED AUGUST 15, 1994. RECONSIDERATION DENIED SEPTEMBER 7, 1994. BEASLEY, Presiding Judge. Officer Billingslea was clearing cars illegally parked in a fire lane. Appellant, the driver of one of the cars, fled as Billingslea was determining that this car was stolen. Billingslea obtained […]

99 S.E.2d 496 BRASWELL v. THE STATE. 36767.Court of Appeals of Georgia. DECIDED JULY 11, 1957. 1. The evidence amply supports the verdict as to the general grounds. 2. Where one is indicted for the sale of intoxicating liquor on a specific date it is not erroneous for the State to offer evidence of any […]

285 S.E.2d 245 JOHNSON v. DeKALB COUNTY. 62137.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1981. POPE, Judge. This is an appeal from an order of the DeKalb County Superior Court which affirmed an award of the State Board of Workers’ Compensation. The record shows that following a hearing, the Board found that appellant had […]

261 S.E.2d 452 BARNETT v. LEASING INTERNATIONAL, INC. 58499.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 25, 1979. DECIDED OCTOBER 11, 1979. McMURRAY, Presiding Judge. On January 19, 1977, Public Security Management Corporation leased a motor vehicle from Leasing International, Inc. The written lease was executed by “Public Security Mgmt. Corporation,” as lessee, bearing the signature of […]

312 S.E.2d 177 COMMERCIAL UNION INSURANCE COMPANY v. TAYLOR et al. 67204.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1983. QUILLIAN, Presiding Judge. This appeal is from judgment for the insureds — Huey and Larry Taylor, d/b/a Taylor’s Farm Supply, against their insurer — Commercial Union Insurance Company, for recovery of a loss sustained by […]

99 S.E.2d 345 NOBLE v. HUNT; and vice versa. 36684, 36685.Court of Appeals of Georgia. DECIDED MAY 23, 1957. 1. The plaintiff’s petition was not subject to general demurrer, and was not subject to the special demurrer interposed by the defendant. 2. 3, 4. The special grounds of the motion for new trial complaining of […]

463 S.E.2d 494 HILLARD et al. v. FEDERAL PAPER BOARD COMPANY INC. A95A1711.Court of Appeals of Georgia. DECIDED AUGUST 16, 1995. RECONSIDERATION DENIED OCTOBER 11, 1995. CERT. APPLIED FOR. BEASLEY, Chief Judge. Hillard and his wife filed this action against Federal Paper Board Company for injuries sustained by him and for her resultant loss of […]

332 S.E.2d 37 LUNZ v. THE STATE. McCURRY v. THE STATE. 69888, 69889.Court of Appeals of Georgia. DECIDED MAY 30, 1985. POPE, Judge. Appellants Lunz and McCurry were indicted, along with Ricky Pollard, for the offenses of armed robbery and aggravated assault. Prior to trial, Pollard entered a plea of guilty. Lunz and McCurry were […]

527 S.E.2d 601 ZACHERY v. STATE. A99A2138.Court of Appeals of Georgia. DECIDED: JANUARY 6, 2000. BARNES, Judge. Robert A. Zachery was indicted and convicted of six counts of robbery and recidivism. The trial court sentenced him to serve 20 years pursuant to the recidivist statute, OCGA § 17-10-7 (a), and Zachery appeals. He argues that […]

114 S.E.2d 57 CASH v. AMERICAN SURETY COMPANY et al. 38209.Court of Appeals of Georgia. DECIDED MARCH 18, 1960. REHEARING DENIED MARCH 31, 1960. The issue in this workmen’s compensation case is whether an employer-employee relationship or a master-servant relationship existed between the parties. Where one is employed generally to perform certain services for another, […]

415 S.E.2d 324 KEISHIAN v. THE STATE. A91A1761.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1992. COOPER, Judge. We granted this interlocutory appeal from the trial court’s denial of appellant’s motion to suppress on the grounds that appellant lacked standing to contest the search. In two enumerations of error, appellant argues that the trial court […]

486 S.E.2d 51 HEFFERNAN v. HOME DEPOT U.S.A., INC. A97A0210.Court of Appeals of Georgia. DECIDED MARCH 28, 1997 — RECONSIDERATION DENIED APRIL 11, 1997. BLACKBURN, Judge. Peter Heffernan appeals from a jury verdict in favor of Home Depot U.S.A., Inc. (Home Depot) in his premises liability action. While Heffernan was a customer at a Home […]

66 S.E.2d 242 DISHINGER v. SUBURBAN COACH CO. et al. 33511.Court of Appeals of Georgia. DECIDED JULY 13, 1951. REHEARING DENIED JULY 25, 1951. 1. The Code, § 68-311, provides: “All motor vehicles used in transporting school children to and from schools shall be distinctly marked `School Bus’ on both front, rear, and sides thereof, […]

376 S.E.2d 911 SHOUSE v. THE STATE. 77355.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1988. BEASLEY, Judge. Defendant’s notice of appeal, taken from a judgment entered on October 20, 1987, was filed on December 9. This of course, was not timely, OCGA § 5-6-38 (a). Upon filing, defendant contended below that he did not […]

576 S.E.2d 668 BAILEY v. THE STATE. A02A1731.Court of Appeals of Georgia. Decided January 24, 2003 MIKELL, Judge. After a jury trial, Alfred Bailey was convicted of trafficking in heroin. On appeal, Bailey challenges the sufficiency of the evidence. He also argues that the trial court erred by failing to charge the jury on the […]

646 S.E.2d 512 LILLY v. THE STATE. No. A07A1066.Court of Appeals of Georgia. DECIDED MAY 17, 2007. BLACKBURN, Presiding Judge. Following a jury trial, Donald Lilly was convicted on one count of aggravated sexual battery[1] and one count of child molestation.[2] He appeals his conviction and the denial of his motion for new trial, arguing […]

157 S.E.2d 38 HAWES, Commissioner v. RED OAK HAULING COMPANY. 42877.Court of Appeals of Georgia.ARGUED JUNE 8, 1967. DECIDED SEPTEMBER 12, 1967. QUILLIAN, Judge. 1. A tax fi. fa. was issued by the Commissioner of Revenue, under which a levy was made. The defendant filed an affidavit of illegality and the case came on for […]